Governor Greg Abbott has allowed our business to reopen through Phase 1 of Re-Opening Texas. Our office is open for business and in person meetings are by appointment. Precautions will be taken.

We will continue expediting our claims and when we make a recovery approved by our client we will continue to expedite the disbursement process. In addition to in person meetings, we are still all available by phone, email and Zoom video conferencing.

For our cases in litigation, there may be some delay in jury trials, but that is beyond our control. However, we can do depositions, mediations, hearings and non-jury trials.

Dram Shop Laws

Sometimes, a drunk driver isn't the only one responsible for a wreck. The bar that served the driver liquor may also be liable.

If you've been injured by a drunk driver, Roger 'Rocky' Walton in Arlington, Texas,can help you hold all responsible parties accountable.

How do dram shop laws affect my personal injury case?

Compensation for Injured Texans
and Consequences for Negligent Parties

Hold All Responsible Parties Accountable

In addition to pursuing a claim against a drunk driver after an accident, our Arlington firm can help victims bring a personal injury claim against a business or third party that provided alcohol to the driver.

Collect Maximum Compensation

If a bar or restaurant continued to serve alcohol or liquor to someone who was "obviously intoxicated" and who clearly posed danger to their own safety and that of others as a result, you may be able to hold them at least partially liable for any injuries you or a loved one has suffered and collect damages from the establishment as well as the driver.

Responsibility Stays Where It Belongs

There are no "first-party claims." In other words, these types of civil injury lawsuits can only be filed by a victim of a drunk driving accident. Texas law does not allow a drunk driver to bring a personal injury claim against a dram shop that served them alcoholic beverages.

Book a Free Consultation
with the Law Firm of Roger "Rocky" Walton, P.C.

Rocky Walton fights for the rights of clients in Grand Prairie, Fort Worth, and Greater DFW.

Se habla Español. We offer free consultations at our office serving Greater Dallas. If we take your case, you pay nothing unless and until we collect a settlement or jury award on your behalf.

"This Law Firm Is Awesome."

Patrick Bogan

2018

"I went to Rocky's office, injured, confused, and not understanding what my options were, regarding my injury. Not only did they take care of my personal injury claim, they advised me on what other steps I should be taking to protect my interests."

This Law firm is awesome, Rocky and his staff are amazing, costant and frequent updates on cases, Kati Rock!!! Michelle, thanks for your professional touch. This is a great place to be for legal issues related to Personal Injury.

What Is a "Dram Shop"?

The name of this statute is taken from the word "dram," an antiquated unit of alcohol measurement. A dram shop is defined as any establishment that serves alcohol. This statute typically applies to restaurants and bars, but may also cover other locations where alcohol is available.

Why Do
Dram Shop Laws Exist?

A dram shop law is meant to hold drinking establishments responsible for contributing to a drunk driving accident. The person ultimately responsible for such an accident is the driver, since they decided to operate a car while intoxicated. Dram shop laws do not absolve drivers of responsibility.

However, Texas laws make sure that businesses or people who enable this behavior can be held legally responsible for it. If an establishment has a license to serve alcohol, they are legally obligated to make sure that they are not endangering patrons or other members of the community. While many businesses take this obligation seriously, just as many prioritize profits over safety. With dram shop laws, this negligence can be penalized.

A Proven Solution

Social Host Liability

In Texas, this statute does not apply exclusively to businesses. The victim of a car wreck can also bring a claim against a "social host" or any adult who is hosting a party or gathering where liquor or other alcoholic beverages are served to a minor who causes an accident.

While an adult is fully responsible for how much alcohol they consume at a friend's party, for example, a minor cannot shoulder that liability on their own. Instead, the responsibility falls on the adult in charge of the situation - in this case, the host.

A social host may be liable if:

They knowingly serve or provide alcohol to a minor who goes on to cause an accident, or they allowed a minor to drink on any property that they own, and

This adult is not the parent, guardian, legal custodian, or spouse of the minor. Count on our attorneys to determine if a social host shares any responsibility for your losses.

"Rocky Took Care of Us."

charles dildy

2019

I highly recommend the Law Firm of Roger Rocky Walton. Rocky and his entire staff worked very hard for my family during a very difficult situation. They're very professional and corresponded with us very well. They were always timely and leave no stone unturned.

We had an amazing experience with this law firm. Rocky took care of us and got us through a difficult time. Kati and Michelle were on top of things and kept us well informed, as well as Rocky. It was hard dealing with a driver hitting us, but they handled everything with ease and professionalism. I HIGHLEY recommend this attorney and his staff!!!!

Establishing Liability

Texas does not have dram shop laws that are strictly liable. In other words, responsibility for a drunk driving accident does not fall entirely on the business selling liquor or other alcoholic beverages. Instead, liability is divided between the business and the at-fault driver.

The court will typically assign a percentage of liability to both the driver and dram shop, based on how responsible each party is determined to be. For example, a driver may pay 80 percent of the damages awarded to a plaintiff, leaving the business 20 percent.

There is no guarantee that the dram shop will be held completely liable. As a result, it does not make sense to pursue a claim against the dram shop alone. Most attorneys will recommend that you file a lawsuit against either the driver alone or both the driver and the business.

The Safe Harbor Defense

Establishing liability on the part of a bar or restaurant is not always a straightforward process. Drinking establishments can protect themselves if they are able to prove that they followed Texas guidelines on providing alcohol. More specifically, a business needs to prove that:

Their employees have all attended aseller training program approved by the Texas Alcoholic Beverage Commission.

The employee who served alcohol to the driver actually attended this program

Their employer has not directly or indirectly encouraged employees to violate the law

This defense, known as the "safe harbor" or "trained server" defense, can be proven with documentation about the training and clear written policies pertaining to the over-serving of patrons. However, most drinking establishments that are careful enough to follow these rules are unlikely to over-serve their patrons in the first place. Consequently, if the driver was drinking at a bar or restaurant prior to the car wreck, it is possible that the establishment did not follow these guidelines.

An establishment can avoid liability in these cases if they can prove their employees have all attended a seller training program, the employee in question attended the program, and the employer did not encourage employees to break the law.

Employees serving alcoholic beverages are expected to determine if a customer is intoxicated by looking for:

Poor Judgment

Poor Balance

Unusual Aggression

Lack of Inhibitions

Slurred Speech

Droopy or Red Eyes

"Immensely Impressed."

Teresa V.

2019

Mr. Walton and all his staff are great. My granddaughter and I were in a terrible car accident a little over a year ago and we needed someone to help us deal with the insurance company. We could not have picked anyone better. I did my own research and picked this law firm based on reviews I read online. They got us the maximum amount from the insurance company. One of the really great things they do is keep you updated on everything that is happening every step of the way. This is just an awesome bunch of people to have working for you. Great job guys!

I am immensely impressed with the professionalism, integrity and legal expertise of the Walton firm and support team. They could not have achieved a better result. Their aggressive handling of the adverse issues and opposing parties was really quite remarkable, as were their thorough and timely communication with their client. Thank you, Rocky and Tim, and the whole team!

Why Hire
an Attorney?

If you decide to pursue a dram shop lawsuit against a business or third party, knowing how to approach it can be complicated. Because this type of lawsuit involves assigning liability to multiple parties, the court will go through a rigorous analysis to determine what percentage of liability should be assigned to each party. Constructing an effective case for compensation under these circumstances can be extremely complex for anyone who lacks legal expertise.

Hiring a professional who understands these laws can substantially improve your chances of a successful case. Our law firm will strive to make sure that liability is assigned correctly and that you receive the compensation you desperately need to recover from your injuries.

Reach out today online or at (817) 429-4299 to schedule a free initial consultation at our Arlington, TX, office.

Calculating Damages

Is it worth your time to pursue an additional claim against a business or person who served the alcohol to the driver?

It can be.

If your case is successful, the court will award damages to cover your medical bills, lost wages, compensation for lost or damaged property, and pain and suffering. If a driver is driving while intoxicated, and the intoxication is a proximate or immediate cause of the losses, the driver can also be responsible for punitive or exemplary damages. These damages are intended to punish and are in addition to the usual damages. The driver's liability insurance is usually required to pay these damages to the extent of the policy.

No punitive damages can be assessed against an establishment (dram shop) under current Texas law, but other appropriate damages can be awarded.

When our Arlington firm takes a dram shop case, Rocky Walton ordinarily does not want to settle the claim against the drunk driver before he settles against the bar or restaurant. In that way, the jury is angry with the driver and will pour on the damages. However, the liability will be apportioned between the drunk driver and the bar. The jury will normally assign most of the negligence to the drunk driver. This is not good in the usual case of when the insurance coverage of the bar is greater than the coverage the drunk driver has.

The specific amount you receive will depend heavily on the details of the case. Ideally, it will be enough to pay off any financial losses that resulted from the accident so that you can focus on recovering, rather than paying the bills.

The personal injury information offered and contained herein, regarding personal injury statutes and claimants' rights is general in scope. No attorney client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice.